DUI Defender

In an on-going scandal that is shaking the Washington State crime lab regarding simulator solutions the Chalan County District Attorney agreed to not use the breath testing results from 2007. The decision will affect any DUI case using breath testing evidence from December 2006 through January 2007. Unfortunately, there are only 10 unresolved cases from this period, the balance have the option of filing an appeal to get their cases re-opened. Attorney’s involved think that most of the affected cases will not choose to file an appeal as many of the cases rest on officer observations of intoxication to bolster the breath test results.

The decision stems from a finding that the breath testing program run out of the State Toxicology Laboratory was marred by ineptitude from the leadership down to the analysts. The ineptitude lead to a panel of judges concluding that the results were unreliable.

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